National Rainbow Coalition Kenya (NARC Kenya) v Independent Electoral & Boundaries Commission; Tharaka Nithi County Assembly & 5 others (Interested Parties) (Petition 1 of 2021) [2022] KESC 6 (KLR) (17 February 2022) (Judgment)

Summary at a glance

Facts

NARC Kenya filed an appeal against the Independent Electoral & Boundaries Commission and other county assemblies. The appeal was brought under the Constitution and other enabling provisions.

Issues

• requirements to institute an appeal to the Supreme Court as of right in a case involving the interpretation and application of the Constitution
• whether the Supreme Court could be properly moved where the correct constitutional or statutory provision that clothed it with jurisdiction had not been invoked
• nature of the order of mandamus
• nature of constitutional remedies
• clear dress code for advocates before the Supreme Court

Reasoning

The court held that the appeal was not properly moved as it did not specify the provision of the Constitution upon which it was brought and did not invoke the correct constitutional or statutory provision that clothed it with jurisdiction.

Outcome

Appeal dismissed

Orders

• The preliminary objection is sustained and the Petition dated 15th January 2021 is dismissed.
• We award costs to the respondent and the 1st interested party.